Patna High Court
Subelal Roy @ Subelal RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner as there is no cogent material linking him to the alleged murder.
Summary
The petitioner, Subelal Roy, was arrested in connection with a murder case (S.T. No. 290 of 2025) alleging the killing of an informant's daughter, under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. He claimed he was falsely implicated, had no overt act linking him to the crime, and was merely the husband’s relative with no criminal antecedent. The State opposed bail, arguing the seriousness of the offences. The Court, noting the lack of specific material against the petitioner, the grant of bail to a co‑accused in a similar case, and the principle of parity, decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita
- Whether there is sufficient material to justify the petitioner’s continued detention
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 61(2)
Subjects
- bail
- criminal procedure
- false implication
- murder
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6300 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Subelal Roy @ Subelal Ray son of Manjan Ray Resident of Village -Patori
PS- Bihra District -Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with S.T.
No. 290 of 2025 arising out of Bihra P.S. Case No. 31 of 2025
instituted for the offences under Sections 103(1), 238, 61(2) of
the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused
persons including the petitioner killed the daughter of the
informant.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case. No
specific overt act is alleged against the petitioner. Learned
counsel further submitted that petitioner has no concern with the
alleged occurrence. He further contended that the specific
Patna High Court CR. MISC. No.6300 of 2026(2) dt.30-01-2026
2/2
allegation is against co-accused Fulchand Rai. There is no
cogent material to show the implication of the petitioner in the
alleged offence. The petitioner is Gotiya of the husband of the
deceased and not at all concern with their family affairs. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 20.10.2025 and has no criminal antecedent. The
co-accused person has already been granted bail by this Court
vide order dated 12.12.2025 passed in Cr. Misc. No. 85980 of
2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also claim based on parity, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with S.T. No. 290 of 2025
arising out of Bihra P.S. Case No. 31 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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